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CT · jury_instructions

Conn. Civ. Jury Instr. 4.4-6

Capacity to Contract - Apparent Authority

activein force · 2010-03-05 – presentas-observed

The defendant <name of principal> maintains that (he/she) is not liable to the plaintiff because

<name of agent> did not have either express or implied authority to enter into <specify

transaction> that is the basis of the plaintiff's claim. Even if you do not find that the <name of

agent> had either express or implied authority, you must still decide whether (he/she/it) had

apparent authority. Apparent authority is that authority which a principal, through (his/her/its)

own acts or statements, causes or allows a third person to believe (his/her/its) agent possesses.

Consequently, apparent authority is to be determined, not by the agent's own acts, but by the acts

of the agent's principal. The plaintiff has the burden of proving that <name of agent> had

apparent authority to enter into <specify transaction> on behalf of the defendant, and (he/she/it)

must prove that the defendant caused the plaintiff to believe that <name of agent> had such

authority.

To prove that <name of agent> had apparent authority to bind the defendant by (his/her/its)

actions the plaintiff must show:

(1) that the acts or statements of the defendant would lead a reasonable person to

believe that <name of agent> had sufficient authority to enter into <specify

transaction> or that the defendant knowingly allowed <name of agent> to act as

if (he/she/it) had such authority; and

(2) that, as a result, the plaintiff, acting in good faith, reasonably believed that

<name of agent> had the authority to bind the defendant to (his/her/its) actions.

If the plaintiff does prove both of these elements, then you must find that <name of agent> had

apparent authority to bind the defendant by (his/her/its) actions in <specify transaction>, and

that, therefore, the defendant is liable to the plaintiff. If the plaintiff fails to prove either one of

these elements, then you may not find that <name of agent> had apparent authority to bind the

defendant, and the defendant is not liable to the plaintiff for <specify transaction>.

Provenance

Source
jud.ct.gov
Retrieved
2026-08-23
Edition
2026-08-23
Content hash
3192b0cca044d10a81d62089a9c1f6f758ae591140d6d5fed710f44c50a9881b
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